Labatt Breweries V. Canada (Attorney General)
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Labatt Breweries V. Canada (Attorney General)
is a leading constitutional decision of the Supreme Court of Canada on the division of powers under the Constitution Act, 1867. The Court held that the part of the federal Food and Drugs Act which prohibited the selling of "light" beer without labelling it to indicate its composition and purity was outside of the authority of the federal government to legislate. Background Labatt Brewing Co. produced a line of beer with a 4 per cent alcohol content that was labelled as "Labatt's Special Lite" and was sold in Ontario and British Columbia. Under ''Food and Drug Regulations'' beers could only be called "light" if it contained between 1.2 and 2.5 per cent alcohol. Labatt sought a declaration that its "lite beer" would not be subject to the requirements for "light beer" under the regulations. Opinion of the Court The Court held that despite that the law was accompanied by a penalty of imprisonment and was related to health and safety, it was not enough to save the Act under the Consti ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ...
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Food And Drugs Act
The ''Food and Drugs Act'' (the ''Act'') (formal title ''An Act respecting food, drugs, cosmetics and therapeutic devices'') is an act of the Parliament of Canada regarding the production, import, export, transport across provinces and sale of food, drugs, contraceptive devices and cosmetics (including personal cleaning products such as soap and toothpaste). It was first passed in 1920 and most recently revised in 1985. It attempts to ensure that these products are safe, that their ingredients are disclosed and that drugs are effective and are not sold as food or cosmetics. It also states that cures for disease listed in Schedule A (including cancer, obesity, anxiety, asthma, depression, appendicitis, and sexually transmitted diseases), cannot be advertised to the general public. Background After the launch of the Federal Department of Health in 1919, the ''Food and Drugs Act'' was presented in late 1920. Rules and regulations developed under the ''Act'' established the require ...
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Labatt Brewing Co
Labatt Brewing Company Limited (french: La Brasserie Labatt Limitée) is a Belgian-owned brewery headquartered in Toronto, Ontario, Canada. Founded in 1847, Labatt is the largest brewer in Canada. In 1995, it was purchased by Belgian brewer Interbrew. In 2004, Interbrew merged with Brazilian brewer AmBev to form InBev. In 2008, InBev merged with American brewer Anheuser-Busch to form Anheuser-Busch InBev (abbreviated as AB InBev), making Labatt part of Anheuser-Busch InBev. On October 10, 2016, an over $100 billion merger between Anheuser-Busch InBev and SABMiller closed. Labatt is now part of the new company, Anheuser-Busch InBev SA/NV, which is trading as BUD on the New York Stock Exchange (ABI:BB in Brussels). In the United States, Labatt brand beers are sold under license by Labatt USA, which since 2009 has been fully independent of the Canadian firm and a subsidiary of the privately held FIFCO USA of Rochester, New York. History Labatt Breweries was founded b ...
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Peace, Order And Good Government
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa. It is often contrasted with "life, liberty and the pursuit of happiness", a spiritually analogous phrase found in the US Declaration of Independence. Background Legal documents often contain a residual clause which expresses which entity will have authority over jurisdictions that have not otherwise been delineated or are in dispute. While specific authorities are often enumerated in legal documents as well, the designation of a residual power helps provide direction to future decision-makers and in emerging issue areas. At its origin, the preferred phrase was "peace, ''welfare'' and good government," but ...
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National Emergency Doctrine
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa. It is often contrasted with "life, liberty and the pursuit of happiness", a spiritually analogous phrase found in the US Declaration of Independence. Background Legal documents often contain a residual clause which expresses which entity will have authority over jurisdictions that have not otherwise been delineated or are in dispute. While specific authorities are often enumerated in legal documents as well, the designation of a residual power helps provide direction to future decision-makers and in emerging issue areas. At its origin, the preferred phrase was "peace, ''welfare'' and good government, ...
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Canadian Confederation
Canadian Confederation (french: Confédération canadienne, link=no) was the process by which three British North American provinces, the Province of Canada, Nova Scotia, and New Brunswick, were united into one federation called the Canada, Dominion of Canada, on July 1, 1867. Upon Confederation, Canada consisted of four provinces: Ontario and Quebec, which had been split out from the Province of Canada, and the provinces of Nova Scotia and New Brunswick. Over the years since Confederation, Canada has seen numerous territorial changes and expansions, resulting in the current number of Provinces and territories of Canada, ten provinces and three territories. Terminology Canada is a federation and not a confederate association of sovereign states, which is what "confederation" means in contemporary political theory. It is nevertheless often considered to be among the world's more decentralization, decentralized federations. The use of the term ''confederation'' arose in the Provin ...
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Bora Laskin
Bora Laskin (October 5, 1912 – March 26, 1984) was a Canadian jurist who served as the 14th chief justice of Canada from 1973 to 1984. Laskin was appointed a puisne justice of the Supreme Court in 1970, and served on the Ontario Court of Appeal from 1965 to 1970. Before he was named to the bench, Laskin worked as a lawyer and in academia. Early life and family Laskin was born in Fort William, Ontario (now Thunder Bay), the son of Max Laskin and Bluma Zingel. His brother, Saul Laskin, went on to become the first mayor of Thunder Bay. His other brother, Charles, was a shirt designer and manufacturer. Laskin married Peggy Tenenbaum. The couple had two children: John I. Laskin, who followed in his father's footsteps and became a judge at the Ontario Court of Appeal, and Barbara Laskin Plumptre. His grandson (the son of his daughter) carries on his name. His nephew John B. Laskin is a judge of the Federal Court of Appeal, having previously been a faculty member of the Univer ...
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Trade And Commerce (Canadian Law)
Section 91(2) of the ''Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power. Initial jurisprudence First examined in ''Citizen's Insurance Co. v. Parsons'' (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurisprudence: Initially the scope for extraprovincial trade was set very narrowly by the Privy Council. In the '' Board of Commerce case'', the Privy Council suggested that the trade and commerce power applied only as an ancillary power to some other valid federal p ...
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List Of Supreme Court Of Canada Cases (Laskin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Bora Laskin in 1973 as Chief Justice to his death in office in 1984. Laskin was the first Chief Justice to hear cases under the Charter of Rights and Freedoms implemented in 1982. 19731974 19751979 19801984 See also * List of Judicial Committee of the Privy Council cases * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1973-1984) ...
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Canadian Federalism Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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